Shocking Daycare Incident: Teacher Pushes Toddler, Sparking Serious Legal Concerns

As daycare owners and staff in New York, staying vigilant about child safety is crucial to avoid devastating incidents like the one that recently unfolded at a church-based daycare. In a heartbreaking event, a 22-year-old teacher named Alyssa Morlang allegedly grabbed a two-year-old child by the arm and pushed her off a raised deck after the child continued playing with yogurt despite being told to stop. The child fell face-first to the ground around 10 a.m. on February 25. Witnesses reported that another teacher intervened, but the initial response was inadequate, leaving the child’s mother, Jessica Guevara, feeling her daughter was unprotected. The daycare fired Morlang immediately, reported the incident to authorities, and Morlang was charged with cruelty to children, released on bond. Thankfully, the child did not suffer serious injuries, but the family has withdrawn their children and vowed never to forget. The daycare is set to close in 45 days amid the ongoing investigation. Read the full story here.

Legal Aspects of Child Endangerment in Daycare Settings

This incident underscores the severe legal ramifications when staff mishandle discipline or fail to ensure child safety. In New York, daycares operate under strict oversight from the Office of Children and Family Services (OCFS) and the Department of Health and Mental Hygiene (DOHMH). Violations can lead to license suspension, revocation, fines, or closure, much like the impending shutdown in this case. As a leading daycare defense attorney in New York, the Law Office of Gregory P. Mouton, Jr., LLC, has helped numerous providers navigate these challenges. Child endangerment charges, such as those faced by the teacher here, can extend to the facility if supervisory failures are proven, emphasizing the need for robust training, clear policies, and immediate incident reporting.

Daycare owners must remember that under New York law, all staff are mandated reporters. Delays in response, as highlighted by the mother, can compound liability, potentially inviting civil lawsuits for negligence alongside regulatory actions from OCFS or DOHMH. Proactive compliance isn’t just about avoiding penalties, it’s about protecting the children in your care and safeguarding your business.

Potential Violations of OCFS Part 416 Regulations

OCFS Part 416 governs group child care services in New York, focusing on safety and supervision. This incident raises red flags for several sections:

Section 416.5(b): Requires adequate supervision at all times to prevent harm. Pushing a child off a raised deck clearly breaches this, as it endangers the child directly and fails to maintain a safe environment.
Section 416.8(a): Mandates that staff use positive methods of discipline and prohibits corporal punishment or any physical force that could injure a child. Grabbing and throwing a child constitutes prohibited physical intervention, violating this core protection.
Section 416.15(c): Demands immediate reporting of any incident causing injury or potential harm to OCFS. While the daycare eventually reported, the lack of immediate action after the push could be seen as a delay, risking further violations.

For New York daycare owners, these rules are non-negotiable. Breaches can trigger investigations, license revocation proceedings, and the need for a skilled daycare revocation attorney to defend your operations.

Potential Violations of OCFS Part 418-1 Regulations

Part 418-1 applies to family day care and similar small-scale programs, but the principles overlap with larger facilities. Analyzing this case:

Section 418-1.8(ab): Prohibits any form of abuse, including physical mistreatment. The act of pushing the child fits squarely as abuse, which could lead to immediate staff termination and facility sanctions.
Section 418-1.11(a): Ensures constant supervision to forestall accidents or harm. The incident on a raised deck highlights a supervision lapse, especially if the area wasn’t properly secured or monitored.
Section 418-1.15(b)(21): Requires reporting suspected abuse or maltreatment within 24 hours. The daycare’s post-incident reporting aligns here, but any hesitation in the moment could invite scrutiny on overall compliance.

If your New York family daycare faces similar allegations, consulting a daycare suspension attorney early can mitigate OCFS enforcement actions and protect your license.

Potential Violations of DOHMH Article 47 Regulations

For New York City-licensed child care programs under DOHMH Article 47, which regulates group child care services, this scenario implicates:

Section 47.09(c): Staff must supervise children continuously and use non-violent discipline. The physical push violates the ban on harmful discipline and underscores supervision failures on elevated play areas.
Section 47.17(a): Prohibits corporal punishment and any action causing physical harm. This direct intervention by the teacher breaches the regulation designed to prevent exactly such incidents.
Section 47.23: Mandates incident reporting and corrective actions. While the firing and report occurred, the mother’s complaint about no immediate intervention could point to inadequate on-site protocols, potentially leading to DOHMH citations or closures.

DOHMH violations often result in swift audits and penalties, making it essential for NYC providers to partner with a trusted daycare lawyer to ensure full compliance.

Conclusion: Protect Your Daycare with Expert Guidance

Incidents like this serve as stark reminders of the high stakes in child care. New York regulations from OCFS and DOHMH are designed to prioritize safety, but violations can jeopardize everything you’ve built. At the Law Office of Gregory P. Mouton, Jr., LLC, our experienced team of daycare defense lawyers is here to help you stay compliant and defend against any challenges. Don’t wait for an investigation, schedule a consultation today to safeguard your program.